The Indian Evidence Act, 1872 under Section 17 defines “Admission”. It states that:
Admission is a statement:-
- Oral
- Documentary
- In Electronic form
Such statement shall suggest any inference as to any fact in issue or relevant fact
Such statement shall be made by any person and in circumstances as mentioned under the Act
Admissions are considered as a substantive evidence, however are not a conclusive proof of the matters admitted.
On the other hand there is no statutory definition of “Confession”, however the expression is often confused with “Admission” as all confessions are dealt with under Section 17 of the Evidence Act. The Judiciary in some cases has outlined the difference between the two.
For instance in the case of Pakala Narayan Swami v. Emperor[1], the Court remarked that a confession must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not in itself a confession.
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Distinction between Admission and Confession
| CONFESSION | ADMISSION |
| Only voluntary and direct acknowledgment of guilt is confession. | When a confession falls short of actual admission of guilt it may be used as an evidence of an incriminating fact i.e. as an admission of a fact. |
| A confession is made by the accused person which is sought to be proved in the Court of Law. | An admission usually relates to civil matters and comprises all statements amounting to admission under Section 17 of the Evidence Act. |
| A confession is considered as a conclusive proof. | Admissions are considered as a substantive evidence, however are not a conclusive proof of the matters admitted. |
| Confession made by one or more accused jointly may be used as an evidence against a co-accused. | Admission by one of the several defendants cannot operate as an evidence against other defendants. |
| Confession is a direct admission of guilt. | Admission amounts to inference about the liability of the person making admission in a suit. |